Trust Litigation

Trust Litigation Attorney in Las Vegas

Representing Trustees & Beneficiaries in Nevada Trust Disputes

Trust disputes rarely arrive at a convenient time. They surface during grief, family conflict, or financial uncertainty, and they demand legal guidance that is both precise and grounded in context. Because we’ve practiced estate planning, probate, and trust administration in Las Vegas since our founding in 2010, we arrive at every trust dispute with knowledge of how these documents are drafted, how they’re meant to be administered, and where they tend to break down. Hurtik Law & Associates represents trustees, beneficiaries, and family members navigating contested trust matters throughout Clark County.

We keep clients informed and involved at every stage. Trust litigation can move in unexpected directions, and our approach is to help you understand your options before any decision is made.

If you’re facing a trust dispute in Las Vegas, contact our office today at (702) 479-5322 to schedule a free consultation.

Common Trust Disputes We Handle

Trust litigation covers a range of conflicts, and understanding which type of dispute applies to your situation shapes the entire legal strategy.

Breach of Fiduciary Duty
Nevada trustees are legally required to keep beneficiaries informed, distribute assets as the trust directs, remain impartial among beneficiaries, and manage trust property prudently. When a trustee fails these obligations, whether through self-dealing, mismanagement of assets, or failure to account, a breach of fiduciary duty claim may be the appropriate remedy.

Trustee Removal Petitions
When a trustee’s misconduct or incapacity makes continued administration harmful to beneficiaries, Nevada courts can remove the trustee and appoint a successor trustee. We handle both removal petitions and opposition to them, depending on whom we represent.

Trust Validity Contests
A trust may be challenged on grounds including lack of mental capacity, undue influence, fraud, improper execution, or the existence of a later document that supersedes it. These contests require careful review of the trust instrument, the circumstances of its signing, and the settlor’s history.

Accounting Disputes & Distribution Conflicts
Beneficiaries have the right to a formal accounting of how trust assets have been managed. When a trustee refuses to provide one, or disputes arise over distributions, we can pursue a court-ordered accounting and, where misconduct is established, seek surcharge remedies for losses caused.

Why Las Vegas Residents Work with Hurtik Law & Associates

Our attorneys bring over 50 years of combined legal experience to each matter. Trust litigation sits at the intersection of family dynamics, financial stakes, and nuanced statutory law, and that breadth of experience matters when the issues are layered. Founding attorney Carrie Hurtik was recognized as one of the 10 Best Lawyers for Client Satisfaction in Estate Planning and Bankruptcy by the American Institute of Legal Counsel in 2016, a reflection of the personalized service our practice is built around.

We offer services in both English and Spanish, making our trust litigation attorneys accessible to the full range of Las Vegas’s diverse community. If you’re more comfortable discussing your case in Spanish, our team can accommodate that from the first call.

Speak with a Trust Litigation Lawyer in Las Vegas

Trust disputes don’t resolve themselves, and delay can affect your legal options. Whether you’re a beneficiary concerned about how a trust is being administered, a trustee facing removal, or a family member questioning the validity of a trust instrument, we’re ready to evaluate your situation.

We offer a free consultation so you can understand your position before committing to any course of action. Reach our office by phone at (702) 479-5322 or through the contact form on this site.

How Trust Litigation Proceeds in Las Vegas

Trust disputes in Las Vegas are filed in the Eighth Judicial District Court, Clark County. Probate matters, including trust administration conflicts, are heard by the Probate Commissioner in Department PC-1 or PC-2. The Probate Commissioners review petitions, conduct hearings, and adjudicate disputes to help ensure trusts are administered according to Nevada law and the terms of the governing document.

Most cases begin with a petition filed by a trustee or beneficiary. From there, the parties exchange filings, the Commissioner may schedule hearings, and in many cases the dispute resolves through negotiation or mediation before reaching trial. When settlement talks fail, the Commissioner hears the matter and issues a ruling. Understanding this process from the filing stage forward can help avoid procedural missteps that can delay resolution or affect your standing.

Nevada’s Statutory Framework for Trust Disputes

Nevada trust law is codified primarily in NRS Chapters 163, 164, and 165, which govern trust formation, administration, and accountings, respectively. Together, these statutes define the duties trustees owe to beneficiaries and the remedies available when those duties are violated.

Under NRS Chapter 163, a court may compel a trustee to redress a breach of trust, appoint a receiver or temporary trustee to protect assets, or trace and recover trust property that was wrongfully transferred. The Uniform Prudent Investor Act, codified at NRS 164.700 through 164.775, sets the standard trustees must follow when managing and investing trust assets. A trustee who falls short of that standard may be surcharged for investment losses caused by the breach.

Nevada permits no-contest clauses in trust instruments, which can discourage beneficiaries from filing challenges without strong legal grounds. These clauses don’t shield a trustee from breach of fiduciary duty claims brought by beneficiaries, however. A beneficiary who pursues a challenge without good faith and probable cause may be ordered to pay the opposing party’s attorney’s fees and costs, which is why a careful pre-litigation assessment matters before any petition is filed.

Why Hire Us?

Personalized Attention & Care
We provide personalized attention and care tailored to each individual's unique needs, ensuring a compassionate and meaningful experience every step of the way.
Spanish Speaking Services Available
To better serve our diverse community, we provide professional services in Spanish for seamless and effective communication.
50+ Years of Collective Experience
With over 50 years of collective legal experience, our attorneys deliver trusted counsel, strategic advocacy, and a proven record of results.
Track Record Of Success
Our history of successful outcomes demonstrates the skill, dedication, and client-focused approach that define our practice.

Reliable Legal Guidance

This is not a law firm where your case gets buried under a stack. We take the time to educate our clients and empower them to make strategic decisions. The attorney-client relationship is a partnership, and both sides needs to be able to speak freely with each other.

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Personalized Attention & Care

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